Published Paper Details:

The issue of decriminalization of minor offences in India has gained importance with respect to legal policy reforms, particularly in light of an under-staffed criminal justice system and growing calls for a more alleviative and just justice system. Offences of lesser importance in India, including public annoyance, larceny, begging, vagrancy, and the illegal possession of small amounts of certain drugs, are put under primitive colonial laws such as the Indian Penal Code (IPC) and other state specific laws. Not only do these put decade-old laws give rise to the demonetization of social scum of the world, but these laws also add to the plethora of resources available for police, courts, and prisons. This paper looks into the rationale and necessity to remove legal penalties for some offence's in India, analyzing how unjustifiable approaches to minor crimes disproportionately impact basic needs such as the urban poor, Dalits, Adivasis, and even the lowly migrant workers. In addition to these, the abstract touches upon socio-legal movements advocating for blueprints of change, inclusive of the Indian Law Commission proposals and recent governmental attempts at IPC rationalization and associated frameworks. Using empirical studies and developed policies, the paper examines the possible advantages of decriminalization, including lower rates of incarceration, decreased expenditures in the justice system, and improved access to rehabilitation and social services. Other actions like community service, administrative sanctions, or diversion programs that can assist in behavioral modification without resorting to incarceration are also scrutinized. Illustrative cases from legal reform-states and lessons learned from other countries aid in imagining the possible outcomes of the modifications. On the other hand, the paper discusses the problems concerning the implementation steps, foremost being the institutional inertia and low level of public education as well as the need for simultaneous investment into social welfare structures. The paper defends its position by saying that decriminalization, within precise boundaries and an all-encompassing approach, promotes greater strife for justice, honor, and economy in the Indian legal system. In conclusion, the paper emphasizes the need to clearly define the strategies that balance prevention, responsibility, and social embrace.